VANDANA SHARMA Vs. AMAN MALLICK

JUDGEMENT

(1.) This application has been filed by the plaintiff under Order XII Rule 6 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') praying for a decree to be passed in her favour based on the purported admissions of the defendant, estoppel, acquiescence, waiver, and abandonment of claim by the defendant in respect of the alleged Will dtd. 19/6/2018 left behind by the mother of the parties, Late Smt. Kamla Mallick, by withdrawing the petition seeking grant of probate of said Will.

(2.) The present suit has been filed by the plaintiff inter alia praying for a decree of partition of the property being plot bearing no. D-125, Saket, New Delhi, 110017, admeasuring 250 Sq. Yards; and plot no. B-887, Greenfields Colony, Faridabad, Haryana, admeasuring 225.55 Sq. Yards (hereinafter collectively called 'suit properties').

(3.) The plaintiff asserts that the father of the parties, namely Sh. Gyan Chand Mallick, unfortunately passed away intestate on 25/7/1998, leaving behind the plaintiff, the defendant, and their mother, Late Smt. Kamla Mallick, as his legal heirs. The property at Saket was mutated in favour of Late Smt. Kamla Mallick vide letter dtd. 21/1/2014 issued by the DDA, after the plaintiff and the defendant relinquished their share in favour of their mother, Late Smt. Kamla Mallick. Later, the said property was converted into freehold, and Conveyance Deed dtd. 29/5/2014 was executed by the DDA in favour of the mother of the parties.